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Defense lawyers for "Rape Cops" Kenneth Moreno and Franklin Mata attempted to use the old "victim is a lush" defense in order to discredit the alleged victim's case. "She could 'pound it,' so to speak, correct?" asked defense lawyer Joseph Tacopina of witness Pedro Vidallon. "For me, it just means she could drink a lot and hold it together," replied Vidallon. "Did she drink five red bull and vodkas often in one night?" Tacopina continued. "Once in a while," Vidallon conceded.

Regardless of her personal history with alcohol — and despite the fact that the victim's blood alcohol was around .20 the night of the attack — the defense is trying to argue that the victim was still able to consent to having sex with Moreno. Moreno was caught on video using the victim's key three times to return to her apartment. Moreno says he was just being "helpful."